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Recent Developments in Colorado Regarding Sexual Misconduct and Fiduciary Duty

A Colorado court addressed the liability of a church and denominational agency for a sexual relationship between a youth pastor and a girl in his youth group.

Colorado
State:

Sexual misconduct by clergy and church workers

Key point. A minor's "consent" to a sexual relationship with a youth pastor is no defense to liability.
Key point. Churches may be liable for a pastor's sexual misconduct on the basis of a breach of a fiduciary duty, but only if a fiduciary relationship exists between the victim and church.
Key point. Churches and denominational agencies cannot be sued by victims of sexual misconduct as a result their alleged failure to abide by their internal rules and policies with respect to the discipline of ministers.

A Colorado court addressed the liability of a church and denominational agency for a sexual relationship between a youth pastor and a girl in his youth group. A 12—year—old girl (the "victim") was encouraged by her youth pastor to discuss with him any problems she had. Though reluctant at first, she eventually ...

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Posted:
  • July 1, 1998

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